Interim
Joint Committee on Judiciary

Minutes
of the<MeetNo1>2nd Meeting

of
the 2012 Interim

<MeetMDY1>July 6, 2012

Call to Order and Roll Call

The<MeetNo2>2nd meeting of the Interim Joint
Committee on Judiciary was held on<Day>Friday,<MeetMDY2>July 6, 2012, at<MeetTime>10:00 AM, at McCreary Central High School,<Room>
Stearns, Kentucky. Senator Tom Jensen, Chair, called the
meeting to order, the secretary called the roll, and a quorum was present.

Joe Williams, Director, Appalachia High Intensity Drug
Trafficking Area (HIDTA) Program told the committee he recently retired after a
32-year career with the Kentucky State Police with the rank of Lt. Colonel. Col.
Williams gave a summary of controlled substances legislation passed by the 2012
General Assembly. 2012 Extraordinary Session House Bill 1, relating to
prescription drugs, takes effect on July 20, 2012. The bill includes
requirements for ownership, staffing, and operation of pain management
facilities; requires the Cabinet for Health and Family Services, Kentucky Board
of Medical Licensure, Kentucky Board of Nursing, and law enforcement to share
complaint information; requires licensing boards to promulgate administrative
regulations on mandatory prescribing and dispensing practices and to accept
unsworn complaints and anonymous complaints with sufficient verification; requires
physicians and practitioners to use the KASPER drug tracking program prior to
prescribing controlled substances; permits medical office personnel and
Commonwealth's and County Attorneys and their assistants to access KASPER; and requires
the state to enter into agreements with other states for sharing of
prescription information. Representative Yonts said several doctors told him
KASPER reports sometimes take one to three weeks.

Col. Williams said prescription drug overdoses are the
leading cause of accidental death in Kentucky, causing twice as many deaths as motor
vehicle accidents. Drugs most frequently involved in accidental overdoses
include Oxycodone, Alprazolam (Xanax), Hydrocodone, Methadone, and Oxymorphone.
Overdoses frequently involve more than one drug. In response to a question from
Senator Webb, Col. Williams said a coroner or a laboratory would determine if a
death was caused by an accidental overdose. Senator Jensen noted that the high cost
of illegal prescription drugs has resulted in increased use of black tar heroin
in northern and eastern Kentucky.

2012 Regular Session Senate Bill 3 places limits on the
purchase of the solid form of pseudoephedrine but does not limit the purchase
of liquid or gel cap forms. Pseudoephedrine is a necessary ingredient for the
illegal manufacture of methamphetamine. Purchases are limited to 7.2 grams per
month with a maximum limit of 24 grams per year. The bill prohibits the
purchase of pseudoephedrine by persons convicted of methamphetamine-related
offenses for a period of five years, enhances the purchase tracking system, and
requires annual reports to the Legislative Research Commission.

Col. Williams said children, family members, law enforcement
personnel, and the general public are at risk of contamination from toxic fumes
and environmental hazards associated with manufacturing methamphetamine. In
response to a question from Senator Webb about increasing reports of Mexican
drug cartel methamphetamine being reported in western Kentucky, Col. Williams said
although some imported methamphetamine is found in Kentucky, the Mexican drug
cartels use the P2P method of laboratory manufacture, resulting in a product
which is half as strong as the one-step methods used in Kentucky. He noted
there could be an increase in Mexican methamphetamine if the efforts to reduce
domestic production are successful.

Sgt. Mark Burden, Kentucky State Police, discussed 2012
House Bill 481, which criminalizes the manufacture, sale, and possession of
synthetic cannabinoids, piperazines, and cathinones. Sometimes known as
designer drugs, a term used to describe drugs which are created and marketed to
circumvent existing drug laws, these products are frequently marketed to minors
under names such as Mad Monkey and Scooby Snax. Synthetic cannabinoids are
frequently known as synthetic marijuana, and synthetic cathinones are
frequently known as bath salts or plant food products. Many deaths and
psychotic episodes, such as a videotaped episode shown to the committee, have
resulted from the use of bath salts. The new legislation prohibits classes of
drugs, not specific drugs, because altering the molecular structure of the
products allowed them to remain a legal product in Kentucky. Under House Bill
481, possession of a synthetic drug is a Class B misdemeanor with a 30 day
sentence. Trafficking in a synthetic drug is a Class A misdemeanor for the
first offense and a Class D felony for subsequent offenses. If the synthetic
drug is sold to a minor, it becomes a Class C felony for the first offense and
a Class B felony for subsequent offenses. In addition, the law provides for
twice the amount of the gain fines for trafficking and seizure and forfeiture
of property for trafficking. HB 481 contained an emergency clause and became effective
on April 11, 2012.

Representative Tilley said Christian County is the epicenter
of synthetic drug use in Kentucky, primarily because of its popularity with
soldiers stationed at Fort Campbell who are able to pass drug screens while
using these products. Representative Tilley said Franklin County Attorney Rick
Sparks told him an ounce of bath salts costs more than an ounce of gold.

In response to a question from Senator Seum about how a
retailer can determine whether a product is legal to sell under the new law, Sgt.
Burden said the nature of the product, the name of the product, and the sale
price are primary indicators because ordinary legitimate bath salts and plant
food come in much larger packaging at much lower prices.

Operation UNITE

J. Andrew Croley, Whitley County Coroner, told the committee
that prescription drug abuse is the nation’s fastest growing drug problem. A
2009 national survey found that nearly one-third of people aged 12 and over who
used drugs for the first time began by using a prescription drug for
non-medical reasons. The same survey found that over 70 percent who used
prescription pain relievers got them from friends or relatives, while only five
percent got them from a drug dealer. He said an estimated 20 percent of people
in the United States use prescription drugs for non-medical reasons, and
abusing narcotic painkillers, stimulants, sedatives, and tranquilizers can lead
to addiction.

Mr. Croley discussed the death of Christopher Mark Fuson, a 13
year old middle school student who accidentally overdosed on prescription drugs
that had not been prescribed for his use. His death certificate listed acute
combined drug (Hydrocodone, Alprazolam, Tramadol, Promethazine) toxicity. Some
of the drugs tested at 5.8 times the therapeutic range. In 2011, there were 51
drug deaths in Whitley County, and through June 25, 2012, there have been 23
deaths due to prescription drug overdoses. These deaths have been attributed to
Alprazolam (Xanax) (23 percent), Oxycodone (13 percent), Hydrocodone (nine
percent), cannabinoids (nine percent), Tramadol (four percent), alcohol (four
percent), and cocaine (one percent).

Karen Kelly, President and CEO of Operation UNITE, gave a
history of the program, launched in April 2003 by Congressman Harold
"Hal" Rogers in response to the special report “Prescription for
Pain” published by the Lexington Herald-Leader. Ms. Kelly said the articles exposed
the addiction and corruption associated with drug abuse in southern and eastern
Kentucky. The program serves 29 counties and includes undercover narcotics
investigations, substance abuse treatment, and public education efforts. UNITE
has arrested 3,711 individuals, seized 104,882 pills, 273 meth labs, 23.5
pounds of cocaine, 466 pounds of processed marijuana, and 5,844 marijuana
plants, with a total value of $11,618,446. The substance abuse treatment
program has provided $7.38 million in vouchers for residential treatment,
invested $4.2 million to create 30 Drug Court programs, in which 3,111 persons
have participated, and collected $1,017,835 in fines, restitution, and child
support.

UNITE's education program has 30 Community Coalitions in
which 66,570 youth have participated, has 11,000 volunteers, and has provided
drug free workplace training to many businesses and industries. Prevention
programs include prescription drug drop boxes, anti-drug rallies, youth
leadership programs, community outreach and education programs for children, a
UNITE Service Corps to help tutor and mentor students in school, and Camp
UNITE, a four-day leadership camp. UNITE is launching a new program for
students to educate them about the consequences of having a felony conviction
called "Life with a Record." In response to a question from Representative
Marzian, Ms. Kelly said UNITE receives funding from federal grants, coal
severance tax, an AmeriCorps Grant, and private sector support from businesses
such as Walmart and Kentucky River Coal Company. Senator Webb cautioned the
downturn in the coal industry and coal mine layoffs will result in less coal
severance tax. Representative Gregory thanked Ms. Kelly and UNITE for the work being
done in eastern Kentucky. Senator Jensen said Ms. Kelly was one of the founders
of the UNITE program and has been with the program since its beginning.